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Trusts Act 2019

Appointment and discharge of trustees - Removal of trustee

107: Effect of notice

You could also call this:

"What happens when you get a notice that removes you as a trustee"

Illustration for Trusts Act 2019

If you are removed as a trustee under section 103(1) and you have a manager appointed for you under the Protection of Personal and Property Rights Act 1988, the notice of your removal is important. The notice is the document that removes you as a trustee for the purposes of section 116. It takes effect when you are given the notice under section 106(1).

If you receive a notice under section 106(1) but you do not have a manager appointed for you, the notice is still the document that removes you as a trustee for the purposes of section 116. It takes effect 20 working days after you receive the notice, unless you make an application under section 109. If you make an application, the notice only takes effect if the court orders it to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383023.

Topics:
Money and consumer rights > Banking and loans
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106: Notice of decision to remove, or

"Telling a trustee you've decided to remove them"

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108: Removal where notice cannot be given, or

"Removing a trustee without telling them first"

Part 5Appointment and discharge of trustees
Removal of trustee

107Effect of notice

  1. This subsection applies in relation to a person who is removed under section 103(1) and who—

  2. is subject to an order appointing a manager under section 31 of the Protection of Personal and Property Rights Act 1988; or
    1. has a trustee corporation managing the person’s property under section 32 or 33 of that Act.

      1. If subsection (1) applies, the notice of the decision to remove the trustee—

      2. is the document of removal for the purposes of section 116; and
        1. is executed and takes effect when it is given under section 106(1).

          1. In the case of a trustee who receives a notice under section 106(1) and in relation to whom subsection (1) does not apply, the notice—

          2. is the document of removal for the purposes of section 116; and
            1. is executed and takes effect—
              1. 20 working days after the trustee receives the notice, if the trustee has not made an application under section 109; or
                1. only if and when ordered by the court, if the trustee has made an application under section 109.